Jump to Navigation
Jump to Content

Otay Mesa Property, L.P. v. United States Department of the Interior

ELR Citation: 48 ELR 20171
Nos. 13-cv-0240 (KBJ), (D.D.C., 09/25/2018) (Jackson, J.)

A district court vacated FWS' designation of land in California as critical habitat for the endangered Riverside fairy shrimp. Property owners argued that the agency improperly designated 56 acres of land as "occupied" habitat even though the shrimp species live only in the adjacent one-acre stock pond and not on the land. The court found that the manner in which the agency determined the scope of the area that the species occupies is inconsistent with the ESA's prescriptions for making that determination. The court therefore vacated the designation of the owners' property as critical habitat.